Medical Jurisprudence Commons^™

The Mental Health Act 2001 introduced major reforms of Ireland’s civil mental health law and instigated a new era for those detained in psychiatric hospitals and units. The main focus of the Act was improvement of the legal regime concerning involuntary detention of persons with mental disorders, an area of law which concerns a number of constitutional and human rights, particularly the right to personal liberty. One of the most surprising aspects of the case law interpreting the Act has been that the courts have referred on numerous occasions to the need to interpret the Act in a “paternalistic” manner. …

This paper concentrates on fitness for trial in the District Court and deals with the topic under two main headings: firstly, how does the District Court determine fitness for trial and secondly, the consequences of a finding of unfitness for trial. Ireland's Criminal Law (Insanity) Act 2006 introduced significant reforms to this area of law, and the implications for the District Court are reviewed.